AGF warns governors, others against tampering with local government funds

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has warned state governors and local government executives against tampering with and mismanaging local government funds.

He said, in light of the recent Supreme Court judgement guaranteeing the financial autonomy of local governments, such an action by any governor would amount to an act of gross misconduct, which can set the ground for removal from office.

“Misappropriating local government funds is gross misconduct and should be treated as such,” the AGF said.

He added that with the Supreme Court judgement, if anyone tampers with local government money, “you have committed great gross misconduct,” which he said is a ground for removal of a governor from office.

Mr Fagbemi spoke on Thursday during the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC) in Abuja. The theme of the event centred on the role of courts in enforcement of judgements.

The AGF urged local government officials to be vigilant and proactive in protecting their financial independence to avoid complacency. In addition, he warned local government executives that they could be easily jailed for mismanaging public funds entrusted to them.

“Look, the governors have immunity, you don’t have. So, it is very easy for you to get yourself to Kuje prison or other prisons spread across Nigeria. So, you can see all these things,” Mr Fagbemi said.

Mr Fagbemi also encouraged citizens to demand accountability from local government officials because good governance must begin at the grassroots.

Battle to save the local governments

PREMIUM TIMES reported that the federal government filed a suit at the Supreme Court against the 36 state governments, seeking the enforcement of full autonomy of the local governments in Nigeria.

There are 774 local government areas in the country. However, efficient governance at the level of the third tier of government was being hampered by the overbearing influence of state governors.

The suit filed by the federal government aimed to stop state governors from exercising control over the allocations they received on behalf of the local governments in their states from the federation account. Governors, for decades, customarily received such funds in joint accounts and only released funds from the account to the local governments at whim.

In its 11 July judgement, the Supreme Court declared as illegal and unconstitutional for governors to receive and withhold funds allocated to local government areas (LGAs) in their states.

Upholding the federal government’s case, the Supreme Court ordered that “the amount standing to the credit of local government councils must be paid by the federation to the local government councils and not by any other person or body.”

The court also held that only democratically elected local government executives should receive federal allocations. Many states have hurriedly conducted local government elections in the aftermath of the Supreme Court judgement.

Constitutional obligation

According to the AGF, local governments represent the third tier of government in Nigeria, constitutionally empowered to function independently of state interference.

He lamented how many local government secretariats had been overrun by weeds and were unable to perform even basic functions because of financial strangulation by state governments.

“The situation was also such that even when the secretariat needed to buy stationeries, you had to notify the governor in advance that you wanted to spend your money,” the AGF said.

Mr Fagbemi dismissed arguments by some governors that local governments are not “mature enough” to handle their finances. He said such arguments are hypocritical.

“How better are the state governments in managing resources? If local governments are immature, then what does that say about the state executives starving them of funds?”

He said that with the Supreme Court judgement, unelected local government executives and the withholding of funds meant for the third tier of government by state governments are illegal and unconstitutional.

Citing Section 1(2) of the Constitution, he said no individual or group has the authority to control any tier of government except as prescribed by law.

The AGF called for reforms to strengthen local government administration, calling for independent state electoral commissions and the active involvement of citizens in grassroots politics.

The AGF expressed gratitude to President Bola Tinubu for his unwavering commitment to local government autonomy, despite immense pressure from various quarters.

He described President Tinubu as a defender of grassroots democracy by ensuring that local governments receive their rightful allocations.

Role of the judiciary and press

Mr Fagbemi acknowledged the critical roles of the press in safeguarding democracy and ensuring justice.

He praised judicial correspondents for their diligent reporting of landmark cases, including the Supreme Court judgement on local government autonomy.

“Without your reportage, many of these issues would have been swept under the carpet. Your efforts keep the public informed and hold leaders accountable,” he said.

However, he cautioned against sensationalism and the dissemination of unverified information, especially on social media.

“Let us always check and cross-check our facts. The public relies on the press for accurate information, and we must not erode their confidence,” he urged.

CJN advocates ethical journalism

In her opening remark, the Chief Justice of Nigeria (CJN) Kudirat Kekere-Ekun, emphasised the critical role of ethical journalism in strengthening Nigeria’s democracy.

The CJN was represented by the Secretary of the National Judicial Institute (NJI), Abdulaziz Olumo.

Mrs Kekere-Ekun said the media has the power to shape public perception, which has made the judiciary to rely on its accurate reporting to maintain public trust.

She stressed that there is a delicate balance between the judiciary and the media, which she described as “indispensable pillars of democracy.”

She cited former US Supreme Court Justice Felix Frankfurter’s assertion that neither institution holds primacy over the other, but both are essential for a free society.

“The judiciary safeguards justice and the rule of law, while the media serves as society’s conscience, ensuring accountability and disseminating information,” she said.

However, the CJN noted that this relationship also presents challenges, particularly when sensationalism distorts judicial narratives.

Trial by media

Mrs Kekere-Ekun expressed concern over the growing trend of sensationalised reporting, which, she said, undermines public confidence in the judiciary.

She referenced the infamous 2016 headline, ‘DSS raids houses of corrupt judges’, as an example of reportage that misrepresented the judiciary and eroded trust.

“This type of reporting, often lacking context, compromises the justice system’s integrity,” she stated.

The CJN also warned against the phenomenon of “trial by media,” where premature narratives can prejudice judicial proceedings.

She cited the landmark U.S. case Sheppard v. Maxwell (1954), where media interference compelled the Supreme Court to overturn a conviction due to the denial of a fair trial.

“Journalists must uphold fairness and impartiality, recognising the profound implications their work has on judicial processes,” she added.

Mrs Kekere-Ekun proposed a more constructive engagement between the judiciary and the media to bridge gaps in understanding.

She suggested that courts provide journalists with guidelines on courtroom procedures and judicial processes.

“Courtrooms across the globe have adopted initiatives to support the media in reporting judicial matters,” she noted. “Nigeria must adopt similar measures to ensure accurate and informed coverage.”

The CJN called for a partnership between the judiciary and the media, emphasising their shared responsibility to uphold democratic values.

“This conference is a reminder of the critical role each institution plays in our democracy,” she said. “Together, we can ensure justice and accountability for all Nigerians.”

NAJUC calls for judicial reforms

In his welcome address, the NAJUC chairman, Kayode Lawal, called for reforms in Nigeria’s judicial and legal practices as a result of conflicting Court judgements.

He emphasised the role of the judiciary in national development and urged the Nigerian Bar Association (NBA) to complement the National Judicial Council’s (NJC) efforts by holding erring lawyers accountable.

He described the AGF’s attendance at the event as a testament to his dedication to justice and governance.

Meanwhile, the Chief Judge of the Federal High Court, John Tsoho, expressed hope that journalists covering the event would accurately report the challenges facing the judiciary.

He commended NAJUC for fostering dialogue between the judiciary and the media.